Evangelatos

In June 1986, the voters of California approved an initiative measure, the Fair Responsibility Act of 1986 (Civ. Code, §§ 1431 to 1431.5)—popularly known as, and hereafter referred to, as Proposition 51—which modified the traditional, common law “joint and several liability” doctrine, limiting an individual tortfeasor’s liability for noneconomic damages to a proportion of such damages equal to the tortfeasor’s own percentage of fault. 1 Just a few weeks after the election, the underlying *1193 personal injury action in this case—which arose out of a July 1980 accident and which had been pending for nearly five years prior to the June 1986 election—was assigned for trial. Before the trial began, the parties requested the trial court to determine, inter alia, whether the newly revised joint and several liability doctrine would apply to this case. Plaintiff contended that the new legislation should not be applied for a number of reasons, maintaining (1) that Proposition 51 is unconstitutional on its face, and (2) that, in any event, the measure does not apply retroactively to causes of action which accrued prior to its effective date. 2 Defendants contested both…

I concur in the majority’s holding that Proposition 51, the Fair Responsibility Act of 1986 (hereafter Proposition 51 or the Act) violates neither the due process nor the equal protection guarantees of the state or federal Constitutions. I respectfully dissent, however, from its holding that Proposition 51 does not apply to causes of action which accrued before the measure’s effective date. I conclude, as did the Court of Appeal, that the Act was designed to apply to all cases yet to be tried, including the instant one. Therefore, I would affirm the judgment of the Court of Appeal in its entirety.

Discussion

Because “nothing in the language of Proposition 51 . . . expressly indicates that the statute is to apply retroactively,” the majority concludes that it must apply prospectively. (Majority opn. at p. 1209.) Hence, the majority holds that the modified rule of joint and several liability enacted by the electorate shall not apply to any “cause of action” that accrued prior to the Act’s effective date even if suit had not been filed before Proposition 51’s enactment.

*1228 The majority grounds its holding on three fundamental assumptions: 1) that section 3 of the Civil Code…

Michael J. Breining, Skadden, Arps, Slate, Meagher & Flom, Malcolm E. Wheeler, Charlotte A. Lowell, Fred J. Hiestand, Kelly C. Wooster, Stephen M. Snyder, Brobeck, Phleger & Harrison, Howard J. Privett, Bill E. Schroeder, Richard A. Goette, Jonathan M. Gordon, McCutcheon, Black, Verleger & Shea, Michael J. Brady, Paul D. Herbert, James K. Hahn, City Attorney (Los Angeles), John T. Neville and Richard M. Helgeson, Assistant City Attorneys, Ronald A. Zumbrun, John H. Findley and Sharon L. Browne as Amici Curiae on behalf of Petitioner and Real Parties in Interest Van Waters & Rogers, Inc.

OPINION

ARGUELLES, J.

In June 1986, the voters of California approved an initiative measure, the Fair Responsibility Act of 1986 (Civ. Code, §§ 1431 to 1431.5) — popularly known as, and hereafter referred to, as Proposition 51 — which modified the traditional, common law "joint and several liability" doctrine, limiting an individual tortfeasor's liability for noneconomic damages to a proportion of such damages equal to the tortfeasor's own percentage of fault. [1] Just a few weeks after the election, the underlying personal injury action in this case — which arose out of a July 1980 accident and…